CHAP. III.
Sect. I.
Of the Matters inserted in this Collection of the Statutes; and their Arrangement
1. All Instruments whatever, comprehended in any of the several Collections of Statutes printed previous to the Edition by Hawkins, are inserted in this Work; these having for a long Series of Years been referred to, and accepted as Statutes in Courts of Law: Together with these are inserted all Matters of a public Nature, purporting to be Statutes, first printed by Hawkins or any subsequent Editor; and also New Matters of the like Nature, contained in any Statute Rolls, Inrollments of Acts, Exemplifications, Transcripts by Writ, and Original Acts, although not heretofore printed in any general Collection of Statutes. All these are placed in the Body of the Work as Text. But it is to be particularly observed, that any Decision upon the Degree of Authority to which any new Instrument may be entitled, as being a Statute or not, is entirely disclaimed.
At the Foot of the Text in each page, there are added, such Various Readings as appeared necessary to correct its Errors, or to supply its Deficiencies;[1] or to reconcile any material Contradiction or Repugnancy between the Text and the Translation; or between different Copies of the Text, where they were of equal or of nearly equal Authority. In the earlier Reigns, or in the Absence of any Authentic Source for the Text, such Various Readings are noted with much greater Freedom than in later Times, or where Authentic Sources exist. Writs and other Instruments, having direct or material Reference to the several Statutes, are occasionally subjoined by way of Notes. These Various Readings and Instruments are taken from the following Sources: Inrollments of Acts; Exemplifications; Transcripts by Writ; Original Acts; Rolls of Parliament; Close, Patent, Fine, and Charter Rolls; Books containing Entries of Record; Antient Books and Manuscripts not of Record, but preserved in the Repositories of Courts of Justice, and Corporation Offices; or in the Libraries of Cathedrals, Universities, Colleges, or Inns of Court, and at the British Museum: Various Readings have been also admitted from the Printed Editions; occasionally in Confirmation of the Manuscript Sources, and more frequently in Cases where those Sources have been found deficient.
Every Thing heretofore printed in any former Collection of Statutes, is in this Volume printed in an uniform Type; and all new Matters, whether Various Readings, Notes, or entire Statutes or Instruments, are distinguished by a smaller Type. The entire Matters whether old or new, of which the Dates are ascertained, are placed in Chronological Order; and all, during the Reigns of Hen. III. Edw. I. and Edw. II., the Dates of which are uncertain, are classed together, after the Manner of former Editions, at the End of the Reign of Edward II.
A compleat Enumeration of all Matters included in this Collection, whether as Text or in the Notes, is exhibited in a general Chronological Table of Contents prefixed to the Body of the Statutes; specifying the Source or Authority, from whence the Text, Notes, and Various Readings are respectively taken.
2. Other Matters of a Parliamentary Form and Character have been recognized at different Periods of our History, as appearing to have Legislative Authority. It has been observed by Lord Coke, that “Acts of Parliament are many times in form of Charters or Letters Patent;”[2] and many such have been inserted in all Editions of the Statutes: and that there are “many Acts of Parliament that be in the Rolls of Parliament and never yet printed:”[3] In the Report also of the Select Committee of the House of Commons, in the Year 1800, upon the Subject of the Public Records, it is stated, that many Statutes and Ordinances in the Rolls of Parliament are not inserted in the Printed Statute Books; And it is certain that many Acts and Matters not found on any Statute Roll, nor contained in any printed Editions of the Statutes, are found on the Parliament Rolls, which appear to have received the threefold Assent of King, Lords, and Commons, or to have such Qualities, as have been allowed by Courts of Law to imply that Assent.[4]
- ↑ Many Instances of Errors and Deficiencies exist even in the Statute Roll; it may be sufficient to quote the Clause in Chapter 5, of the Statute Westminster the Second, respecting Damages in Writs of Darrein Presentment and Quare Impedit: In this Clause, the Words which give the Patron damages to the Amount of Two Years Value of the Church, in case of lapse to the Bishop, by reason of the disturbance of the Presentation, are omitted on the Roll. In Chapter 28 of the same Statute, the Statute of Gloucester is quoted instead of the Statute of Westminster the First. See pa. 77, note 6—8; and page 85, note 5 of the Statutes in this Volume.
- ↑ 2 Inst. 525; and see also the Prince’s Case 8 Rep. 13, throughout. The Creation by Edward III. of his eldest Son to be Duke of Cornwall, was by the King’s Letters Patent, dated at Westminster 17th March, in the 11th Year of his Reign, and therein recited to be “de cõi assensu & consilio Prelatoꝝ, Conitū, Baronū, & alioꝝ de consilio nr̃o in p͛senti ꝑliamento nr̃o apud Westm̄ die Lune ꝓx̃ post festū Sc̃i Mathie Apl̵i ꝓx̃ p͛terito convocato, existenciū.”—The Parliament Roll of that Year is not now known to exist; But the Letters Patent are inrolled on the Charter Roll of that Year, m. 28. nu. 60: Other Letters Patent relating to the Duchy and its Rights, dated at Westminster, 18th March in the same Year, are entered on the same Charter Roll m. 26. nu. 53: and others dated at the Tower of London, 3 January in the same Year, m. 1. nu. 1. of the same Roll.—These Letters Patent are briefly recited in Rot. Parl. 5 H. IV. nu. 22. and fully in Rot. Parl. 38 Hen. VI. nu. 29.—For other antient Grants relating to the Duchy, See Rot. Cart. 11 Edw. III. m. 7. nu. 14: m. 1. nu. 1: and 16 Edw. III. m. 1. nu. 1.
- ↑ 4 Inst. 50; and see also Co. Litt. 98, a. b; and the Year Book 7 Hen. VII. 14, 15, 16.
- ↑ On the Trial of the Earl of Macclesfield in 1725, before the House of Lords, on an Impeachment for Extortion in his Office of Chancellor, the Entry in Rot. Parl. 11 Hen. IV. nu. 28. of the Petition of the Commons, “that no Chancellor, Judge, &c.
